East Punjab Rent Restriction Act, 1949, Section 13 -- Rent and eviction - Bonafide requirement - Landlord purchased property for their own use and occupation while taking into consideration surrounding circumstances - Landlords originally belong to family of goldsmith and jewellers who are dealing in various kind of ornaments - Landlord have not vacated any other premises..........
East Punjab Urban Rent Restriction Act, 1949, Section 18A -- Eviction NRI landlord - Leave to contest - Plea of additional accommodation cannot possibly be raised in an application filed u/s 18-A of the Act for leave to contest, as landlord u/s 13-B of EPURR Act is entitled to get only one building vacated irrespective of number of tenants and choice of building is left to..........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Eviction - NRI landlord - S.13-B of the Act gives right to landlord to recover immediate possession of a building on his return - It is not the stand taken by tenant that any building has already been got vacated by landlord u/s 13-B of the Act - Contention by tenant that eviction petition is barred because of..........
East Punjab Urban Rent Restriction Act, 1949, Section 15(3) -- Remand - Appellate authority does not have power to remand the matter back - Appellate Authority should itself decide the points and in case it becomes necessary to make further enquiry that can be done by Appellate Authority itself or through the Rent Controller...........
East Punjab Urban Rent Restriction Act, 1949, Section 13B -- Rent and eviction - NRI landlord - It is not necessary for owner to first come back to India and thereafter file a petition and wait for orders of Court which may take years - Mere intention to return to home country supported by an affidavit is sufficient - It is not requirement of law that landlord before..........
East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Eviction petition - Material alteration - Landlord examined advocate who was appointed as a Local Commissioner - He proved his report and stated that he visited spot after issuing notice to both parties and proved site plan - Courts below rightly recorded the finding that petitioner had carried out material..........
Civil Procedure Code,1908 -- East Punjab Urban Rent Restriction Act, 1949 - Strict rules of procedure as laid down in CPC - Not applicable to petition/application filed under 1949 Act...........
Civil Procedure Code,1908 -- East Punjab Urban Rent Restriction Act, 1949 - General principles of procedure laid down in CPC - Applicable for regulating procedure and guidance of Rent Controller...........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949 -- Amendment of pleadings - Courts while deciding application seeking amendment of applications must first analyze as to whether strict rules of procedure as provided under CPC are applicable or not - Thereafter, Courts must proceed to examine as to whether amendment being sought is..........
Civil Procedure Code, 1908, Order 6, Rule 17, East Punjab Urban Rent Restriction Act, 1949, Section 13 -- Amendment of plaint - Suit for eviction - Proposed amendments are only clarificatory in nature so as to obviate rejection of petition on ground that landlord has not disclosed the facts - Moreover, for the fault of office bearers/representative landlord should not be..........
